Thursday, December 13, 2012

It Could Be A Bad Idea To Change Malpractice Insurance Companies


If you got a better offer for Malpractice Insurance, would you take it?  Some lawyers shouldn’t.  Let me explain. 

Professional Liability policies protect lawyers from lawsuits that come up from mistakes made during their careers.  For a claim to be covered, you have to 1) learn of the error during the policy period and 2) have been continuously covered since just before the error occurred.  As long as you renew coverage year to year without interruption, you’re covered. 

But what happens if you retire? 

If you’re a sole proprietor and you retire and do not renew your policy, your coverage ends.  You’ll be uninsured and the body of work you created will be (as we say in the insurance biz) NAKED. 

“But I could buy a Tail” you say.  Yes, you could. 

A Tail (the correct term is Extended Reporting Period Endorsement) extends the time you have available to report claims to 1 year, 3 years, 5 years or for your lifetime.  If you don’t purchase a tail, you’ll have 60 days to report any claims.  After that, you are no longer insured. 

The cost of a Tail can be expensive.  What it will cost you is written into your policy.  It’s a percentage of your last premium… 1 year, 100%; 3 years, 250%; 5 years, 400% and lifetime, 500%.  These percentages are illustrative.  Your percentages could be different.  Bottom line? Tails can be expensive. 

But some insurance companies have a nice benefit which is WHY SOME LAWYERS SHOULD NOT CHANGE INSURANCE COMPANIES… Some companies offer a FREE LIFETIME TAIL.  These companies offer a Free Tail if 1) you retire completely from the practice of law, 2) you are 55 or older and 3) you’ve been continuously insured with them for three continuous years or more. 

If you’ve started your career or retirement is more than 5 years away or you’re one of those lawyers who plan to die at their desks, then this essay really does not apply to you.  But, if you are in the twilight of your career and you are looking at different quotes, maybe you should throw them all out and just renew what you have. 

Do you have questions?  Call fax or email me anytime and I’ll do my best to answer your questions… you don’t have to be a client to get an answer.
 
 
Kevin P. Foley
PFT&K Insurance Brokers
T 877-414-2031
F 877-405-3025
 
 

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